Why does the date a claim arrives matter so much?
Under each state's security of payment Act, the response window runs from when the claim is served or received, not from when someone opens it. NSW Government guidance says that if you do not provide a payment schedule in time you are liable for the full amount claimed, and that in adjudication you cannot raise reasons that were not in your schedule. Victoria's Building and Plumbing Commission says the same about liability for the full amount, and adds that the claimant may suspend work. In Queensland, the QBCC says failing to pay by the due date without a payment schedule is an offence carrying a penalty of up to 100 penalty units.
What counts as a payment claim?
The definition differs by state, which is why screening should not be left to whoever opens the email. In Western Australia, the Small Business Development Corporation says a payment claim must be in writing, state the amount, describe the work and state that it is made under the 2021 Act. The QBCC's guidance refers to a "payment claim or invoice", so in Queensland an ordinary invoice from a subcontractor should not be assumed to fall outside the regime. A safe administrative rule is that every request for payment for construction work or related goods and services goes to the claims register first, and the claims owner decides how to treat it.
What should the claims register record?
The register should let anyone see, at a glance, which claims are open and when each response is due. Record the facts of service separately from the date someone noticed the claim, because they can differ by days. Keep the original email or envelope with the claim. Hold the register in one place for the whole company rather than per project, so a claims owner covering leave can see every open item, and close an entry only when the outcome and proof of service are filed.
- Date, time and method of receipt: email, post, platform, hand delivery or site office.
- Claimant, subcontract reference and the period or reference date claimed.
- Amount claimed and whether the claim says it is made under the Act.
- Response deadline, with the rule used and who set it.
- Claims owner and backup, and the outcome: paid in full, schedule served, or referred to a lawyer.
How do you work out the response deadline?
Start with the Act for the state where the work is done, then read the contract, because a shorter contractual period applies where the Act allows it. Count business days, not calendar days. Victoria's regulator says a business day there excludes weekends, Victorian public holidays and the period from 22 December to 10 January. Service rules matter too: the BPC says a payment schedule sent by post is served 7 business days after posting unless it is delivered earlier, so a schedule posted late in the window can miss the deadline. Have a second person check every deadline the claims owner sets.
What must a payment schedule contain?
The regulators in NSW, Victoria and Queensland describe the same core contents: identify the payment claim, state the amount you propose to pay (which can be nil) and give all your reasons for paying less. NSW guidance says reasons not included in the schedule cannot be raised later in adjudication, and the QBCC stresses listing every reason. The administrative work is gathering the evidence quickly enough for the contract administrator to write those reasons: site diary entries, the variation register, defect records, back charges and the subcontract terms. A register that links each claim to that evidence shortens the time to a decision.
Where can AI help, and where must it stop?
Software can watch every inbox and the platform for documents that look like payment claims, extract the claimant, amount and date received, open the register entry and alert the claims owner and backup on the same day. It can assemble the evidence pack and draft a schedule for review. It must not set the final deadline, decide the scheduled amount or serve the schedule. Those steps belong to the claims owner, with legal advice where the claim is disputed. The value is that no claim sits unread while the response window runs.
This guide covers four states only. For work in South Australia, Tasmania, the ACT or the Northern Territory, check that jurisdiction's legislation and regulator before relying on any timeframe here.
